Senthil Veerappan v. State Rep By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 09.08.2021

CORAM

THE HONOURABLE MR.JUSTICE M.NIRMAL KUMAR CRL.O.P.NO.12567 OF 2021 Senthil Veerappan ... Petitioner .Vs.

1. The Commissioner of Police, 62, Old Post Office Road, Near Railway Station, Opp. City Police Commissioner Office, Gopalapuram, Coimbatore, Tamil Nadu - 641 018.

2. The Inspector of Police, B-6 Pelamedu Police Station, 274, Avinashi - Coimbatore Road, Peelamedu, Coimbatore, Tamil Nadu - 641 004.

... Respondents PRAYER:- Criminal Original Petition is filed under Section 482 of the Code of Criminal Procedure, to issue a direction to the second respondent to register a case by conducting a fair investigation and file a report for the perusal of this Court. For Petitioner : Mr.S.Prabakaran Senior Counsel For Mr.M.A.Gouthaman For Respondents : Mr.A.Damodaran Government Advocate (Crl. Side)

O R D E R

This Criminal Original Petition filed to issue a direction to the second respondent to register a case by conducting a fair investigation and file a report for the perusal of this Court.

2. The petitioner had sent an online complaint on 10.07.2021 to the first respondent. Thereafter, no action taken. Hence the above petition is filed.

3. The contention of the petitioner is that the petitioner is a resident of Chennai and he owns a Commercial space situated at No.1111/2, First Floor, Noble Center, behind Raja Plaza, Lakshmi Mills Stop, P.N.Palayam, Avinashi Road, Coimbatore, which is about 3000 sq.ft. He leased out the said premises to one Vanangamudi Jayavel, Director of M/s. SSPT Logistics Private Limited. The petitioner entered into a rental agreement with Vanangamudi Jayavel and the same expired on December 2020, and he vacated the premises during April, 2021. During the month of March 2021, the said Vanangamudi Jayavel was searched by the Haryana Police and he was arrested and later let out on bail, since Vanangamudi Jayavel was using petitioner's property for his illegal activities and instructed to vacate the premises without any delay. While vacating the premises, the said Vanangamudi Jayavel demanded some amount to vacate the premises and the petitioner paid a sum of Rs.2.6 lakhs as one time settlement.

4. On 07.07.2021, on the request of the Inspector of Police of Race Course Police Station, Coimbatore on the complaint by the Ex-tenant Jayavel, the petitioner summoned visited Coimbatore, appeared before the Race Course Police Station, the petitioner experienced pressure from the police at the Race Course Police Station who were trying to convince and force petitioner to settle the property to the Ex-Tenant i.e. Vanangamudi Jayavel, who vacated the property way back in April, 2021.

5. On 07.07.2021, more than 50 men appearing to be Goondas, arrived in non-registered vehicles carrying some party flags and attempted to take possession of the petitioner's property. Petitioner got panicked and was trying to seek help and to reach the emergency police number, which was unreachable. The said Vanangamudi Jayavel accompanied by his Lawyers, seems to be in control with the entire police in Coimbatore and the petitioner is being harassed, due to Vanangamudi Jayavel influence with the Coimbatore police the petitioner's complaint not acted upon and no case registered, despite averments are available for commission of cognizable offence.

6. The learned Government Advocate (Crl. Side) submitted that the complaint of the petitioner dated 10.07.2021 is an online complaint and the complaint is not available with the second respondent police. Further the said Vanangamudi Jayavel had earlier lodged a complaint against the petitioner for the occurrence taken place between 01.07.2021 and 07.07.2021 and a

complaint was lodged on 28.07.2021 with the Inspector of Police, Race Course Police Station, FIR came to be registered. He further submitted that the disputed property comes within the jurisdiction of C2 Race Course Police Station Coimbatore. The petitioner been wrongly shown B6 Pelamedu Police Station, 274, Avinashi, Coimbatore as second respondent in this petition.

7. There seems to be some property dispute between the petitioner and the said Vanangamudi Jayavel, which is in the nature of land lord and tenant, serious averments are made in the complaint. The petitioner to appear before the respondent police in person with a copy of the complaint, along with documents and other materials available with him, to substitute his complaint.

8. The learned Government Advocate (Crl. Side) further submitted that on the appearance of the petitioner and on verification the Inspector of Police, C2 Race Course Police Station, Coimbatore would take appropriate action.

9. Considering the submissions and on perusal of the materials, it is seen that the petitioner had entered into a rental agreement with the said Vanangamudi Jayavel and the said Vanangamudi Jayavel had laid his eyes on the property of the petitioner to illegally usurp the same. The petitioner had sent an online representation to the respondent all these materials to be produced before the Inspector of Police, C2 Race Course Police Station, Coimbatore along with the copy of the complaint.

10. In view of the same, the petitioner is directed to produce the complaint along with all those documents before the Inspector of Police, C2 Race Course Police Station, Coimbatore. If any such complaint is filed, the Inspector of Police, C2 Race Course Police Station, Coimbatore is directed to proceed with the case in accordance with law.

11. With the above directions, this Criminal Original Petition stands disposed of.

Sd/- Assistant Registrar(CS VI) //True Copy// Sub Assistant Registrar ah

To

1. The Commissioner of Police, 62, Old Post Office Road, Near Railway Station, Opp. City Police Commissioner Office, Gopalapuram, Coimbatore, Tamil Nadu - 641 018.

2. The Inspector of Police, B-6 Pellamedu Police Station, 274, Avinashi - Coimbatore Road, Peelamedu, Coimbatore, Tamil Nadu - 641 004.

3. The Inspector of Police, C2 Race Course Police Station, Coimbatore, Tamil Nadu - 641 004.

4. The Public Prosecutor, High Court, Madras.

+1cc to Mr.M.A.Gouthaman, Advocate, S.R.No.39288 CRL.O.P.NO.12567 OF 2021 VGII(CO) PBS/27/08/2021